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TFL - Stopped where prohibited (on a red route or clearway)

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TFL - Stopped where prohibited (on a red route or clearway)
on:
#1
Hi all,
-
Needing to appeal this on behalf of a family member. This PCN has been received for loading in this bay - it says on the sign 'no stopping Mon-Sat 7am-7PM except loading max 20mins'

She was parked here while picking up shopping from the shop few seconds away from this location. It wouldn't have taken longer then 5 minutes nor does the evidence they have provided show this.

I have contacted them in regards to only receiving the charge certificate.

The pictures are as follows :

IMG-1635 hosted at ImgBB
Image IMG-1635 hosted on ImgBB
ImgBB · ibb.co

IMG-1637 hosted at ImgBB
Image IMG-1637 hosted on ImgBB
ImgBB · ibb.co

IMG-1639 hosted at ImgBB
Image IMG-1639 hosted on ImgBB
ImgBB · ibb.co

IMG-1685 hosted at ImgBB
Image IMG-1685 hosted on ImgBB
ImgBB · ibb.co
Last Edit: October 06, 2023, 01:39:06 am by privates
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Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #1 on:
#2
Please post the PCN, all sides, with only name and address redacted.

There is a current issue of legality with CCTV enforcement of parking bays on Red Routes, but we need to see the PCN to decide if you are included in that issue.
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Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #3 on:
#4
You have posted a Charge Certificate. This cannot be appealed, only paid. So what happened to the original PCN ?
If it was not received, then your family member should wait for the Order for Recovery, then submit a Statutory Declaration that it wasn't received. The matter will then be put back to the PCN stage.
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Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #5 on:
#6
Also please give us a link to the exact location on google street view (not a link to a screenshot).
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #7 on:
#8
OK, so this looks like a bay on a red route, so cannot be enforced by CCTV. However, as you haven't posted-up the PCN we cannot tell if the PCN was issued by a CEO or using CCTV.  If it was CCTV then the PCN was served unlawfully, following a case at London Tribunals.  However, Transport for London have taken the matter to judicial review, so it is not a final decision.
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Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #8 on:
#9
Photos:







So this is an easy win on appeal, but let's not forget we need to deal with the charge certificate first.

@privates please confirm your understanding of the next steps.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #10 on:
#11
Call TfL on 0343 222 3333 and ask for the video please, they will send you a DVD in the post.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Like Like x 1 View List
Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #11 on:
#12
Right so this is an absolute shambles, I have had them send out two DVDs but none have been received by my post. I requested the second one on the 7th of December but have yet to receive that either. I had made sure they have my flat number and they do.

I will be calling them today, what do I ask for now that both of there DVDs have failed to be received?
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Re: TFL - Stopped where prohibited (on a red route or clearway)
Reply #13 on:
#14
Quote from: cp8759 on November 15, 2023, 12:34:44 am
Call TfL on 0343 222 3333 and ask for the video please, they will send you a DVD in the post.

How shall I word the appeal for this PCN?

To whom it may concern,

I challenge this PCN on the basis that TFL can not enforce PCNs on red route bays therefore this PCN is invalid.

Under these circumstances I ask that this PCN is cancelled.

Thank you.
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